UGL Operations and Maintenance Pty Ltd

[2022] FWCA 587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Operations and Maintenance Pty Ltd

(AG2022/300)

UGL Operations and Maintenance Pty Ltd ESSO Care and Preservation Offshore Maintenance Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 21 FEBRUARY 2022

Application for approval of the UGL Operations and Maintenance Pty Ltd ESSO Care and Preservation Offshore Maintenance Enterprise Agreement 2021

UGL Operations and Maintenance Pty Ltd has applied for approval of an enterprise agreement known as the UGL Operations and Maintenance Pty Ltd ESSO Care and Preservation Offshore Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the UGL Operations and Maintenance Pty Ltd ESSO Care and Preservation Offshore Maintenance Enterprise Agreement 2021. The application was made by UGL Operations and Maintenance Pty Ltd, and the dispute involved the terms of the proposed agreement. The legal issues before the FWC were whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees.

The FWC considered the compliance of the agreement with the Fair Work Act 2009, including the provisions concerning enterprise agreements. The commission examined the bargaining process, the terms of the agreement, and whether the agreement provided for the fair treatment of employees. The FWC also assessed if the agreement met the criteria for approval under the Fair Work (Registered Organisations) Act 2009.

The FWC found that the agreement complied with the relevant legislative requirements. The commission noted that the agreement was made through a genuine and independent bargaining process, and the terms were fair and reasonable. The FWC concluded that the agreement provided for the fair treatment of employees and met the criteria for approval. Consequently, the FWC approved the UGL Operations and Maintenance Pty Ltd ESSO Care and Preservation Offshore Maintenance Enterprise Agreement 2021.

No additional orders were made by the FWC beyond the approval of the agreement. The decision highlights the importance of ensuring that enterprise agreements are made through a genuine bargaining process and that they provide for the fair treatment of employees. The approval of the agreement signifies that it meets the legislative requirements and is in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established